Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Mitchell
v.
Miller

Date: 30 November 1742
Case No. No. 133.

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A man having named in his testament nine trustees, by whom a sum of money was to be uplifted and applied for certain uses, for the poor, &c. it was objected that the testament was null, because it was written only by two of the trustees, as this might give room to frauds; and the case of trustees in whose person the right to the subject is lodged, is different from the case of a legatary in common law. The Lords found the writ sufficiently tested. See Appendix.

Fol. Dic. v. 4. p. 409. M.S.